Court Reporting Board of Arizona Proposes to Cut Ethics From Code

[Lisa Migliore Black]

http://blog.courtreportersaz.com/2013/09/16/court-reporting-board-o...

[Quyen]

A rather relevant quote from a witness in a deposition:

". . . if we're not going to be profitable, it doesn't make sense to stay in business.  You know, we're in business to be profitable.  Otherwise, you know, you should -- you have to shut down the business."

[Lisa Migliore Black]

Quyen, let's abandon the notion of ethics altogether for the moment for the purposes of these questions.

Do you think a business can be profitable without offering gifts in exchange for bookings?  Without offering large gifts?  Without offering long-term contracts?

[Bill Parsons]

Shouldn't someone with good connections to NCRA tell NCRA they are publishing false information that the Maine legislature passed a bill prohibiting 3rd party court reporting contracting when just the opposite is true?

I notice that several court reporter websites have picked up the false NCRA news bulletin that the Maine legislature passed a bill prohibiting court reporter 3rd party contracting and that now those websites are also spreading the false information that the Maine legislature passed a bill prohibiting court reporter 3rd party contracting.

Actually if anyone looks at the proposed bill and the passed bill, all the proposed paragraphs prohibiting court reporter 3rd party contracting were deleted from the bill, and new wording was inserted allowing 3rd party contracting in the eventually passed bill.

Again I ask can someone with good connections to NCRA ask them to stop spreading the false information that the Maine legislature passed a bill prohibiting 3rd party court reporting contracting?

Bill

[Lisa Migliore Black]

"Maine Governor signs legislation prohibiting third-party contracting

July 11, 2013

On June 18, 2013, Maine Gov. Paul LePage signed legislation into law that will prohibit some of the ethical considerations related to third-party contracting. The bill, An Act to Ensure Ethical Standards for Court Reporters(L.D. 1469; S.P. 543), had broad bipartisan support as well as the support of groups like the Maine Trial Lawyers Association...." 

Bill, I think the body of the Newsflash is very clear.  A link to contact Government Relations was also included.  

[Bill Parsons]

Hi Lisa,

I guess we can be like lawyers interpreting things, but to me the verbatim headline of the newsflash says:

"Maine Governor signs legislation prohibiting third-party contracting."

There's no problem with the body of the newsflash.  It's just that many consider the headline of the newsflash to be false.  The false headline is that "Maine Governor signs legislation prohibiting third-party contracting."

The governor never signed legislation prohibiting third-party contracting.  

Best Regards, Bill

[Lisa Migliore Black]

He did however sign legislation that prohibited quite a few of the nasty habits of some of the most prevalent contracting agencies in the country:  The legislation allows for transparency on billing to all parties; contract terms with EQUAL treatment to all parties (as opposed to the one-sided secretive deals); ensures that manipulation of the reporter's transcript does not occur (in content or for additional profit, I presume); and forbids contract terms that restricts the attorneys' choice to use the reporter that they know to be skilled, reliable, and competent (as opposed to any warm body that can sometimes fill the seat when chosen by a contract-holder from a thousand miles away)--all very notable steps in the right direction for Maine reporters, attorneys, and litigants.

Personally, if I contact NCRA Government Relations, it would be to thank them for sharing their knowledge with state affiliates and supporting them in their endeavors, not to wordsmith the headline of an Newsflash.  But you have that right, Bill, and you have the contact information to do as you wish.

Best Wishes--Lisa

[Bill Parsons]

Hi Lisa,

I believe you have to know someone and be in the in-group in NCRA to have them consider any requests.

Over a year ago I notified the NCRA board of directors and staff that there was false information at the NCRA website, and neither the NCRA board or staff cared.

Please go to the NCRA website History of NCRA at http://www.ncra.org/About/content.cfm?ItemNumber=10144&navItemN... and scroll down to the very end.

You will find that NCRA says that Reporter W.C. (Casey) Jones wrote the Who Am I? poem.

In actuality W.C. (Casey) Jones was a very prominent Kansas attorney who at one time had aspirations to run to be governor of Kansas.

Also the NCRA newsflash put out the false information that Justice Thomas' words were missed by electronic recording when in actuality it was a stenotype court reporter who missed the words and the missing words were found by checking the electronic recording.

It took NCRA a full month to delete the false information from its website that electronic recording missed the missing words of Justice Thomas.

I immediately notified NCRA of the false information on the Justice Thomas incident, and it was over a month before that false information was deleted from the NCRA website after others complained of that false information.

So based on the above experiences I believe it would require someone with good connections to NCRA to ask them to remove the false newsflash information that the Maine legislature prohibited third party contracting.

Best Regards, Bill

[Lisa O'Sullivan]

This right here above, Marge, illustrates what is so objectionable about Lisa Migliore’s approach. And it’s simply ONE example among many. This is the behavior that has more and more people (finally) recognizing it for what it is and calling her out on it. Of course you won’t see that calling-out on Depoman, where she is a sacred cow, but you will see it on LinkedIn and CRF and here at csrNation.

Sure, she’s sweet and charming in person. I don’t blame you for liking her and wanting to stick up for a friend. But regarding her activity in court reporting, if you look deeper at what she is actually saying and doing on a regular basis--and has been very publicly for years--you will see this persistent manipulation of facts and events aimed at getting her way to the exclusion of others’ ways.

We in court reporting deal with the difference between truth and falsity every day. Therefore, we should all be able to recognize that the title in that news piece is flat-out false. Third-party contracting was very specifically NOT prohibited in Maine. Again, all you have to do to see that is compare the before and after language. Yet here Lisa Migliore is (once again) trying to manipulate something in a way that benefits her personal cause. She is trying to pass off the falsity as unimportant, and she is trying to minimize Bill’s interest in correction as simply a matter of “wordsmithing.” Good Lord. Since when did the truth become a matter of wordsmithing??

[Lisa Migliore Black]

Bill, I didn't write the article, and I don't run NCRA.  I can't take the credit nor the blame for its content or its title.  Read the article and the legislation.  I've done my best to explain the confusion with the title and the content of the article, and that's all that's in my power.  

Lisa, if and when this discussion is more focused on the issues and less about a personal popularity and/or pissing contest, I'll be back to engage in a professional manner, but I don't feel the need to discuss sacred cows or any other petty remarks.

[Sharon Smith]

Well, I don't want to get into this fracas, but let's allll be honest - it's about the $$$ more than ethics.  Quit kidding yourself. Contracting has been going on in this business for 20 years w/o State, or NCRA, or court reporter intervention. Some of you may be too young in this profession to remember or didn't care since it wasn't affecting you.  NCRA itself had a totally different position on contracting in the 90's and has henceforth changed its position. (Check their archives)  It's just now that it is more pronounced and touching more C/R's income (especially local reporters with their local clients) that it's been brought to the forefront.  So it's about the $$$ folks.  You can't legislate morality; you can't legislate ethics.  Example:  CONGRESS!   This is an interesting read: http://www.naplesreporting.com/court-reporting-contracting

Bill is the only reporter I have seen that has been a watchdog over NCRA and holding their feet to the fire with all their proposed changes and news briefs, etc.  Thank you, Bill!! 

[Quyen]

Thank you, Bill and Sharon, for saying it exactly like it is.

[Sharon Smith]

The bottom line is:  Lawyers aren't forced to use the contracting C/R agency the other side may have chosen.  They can hire their own reporter for the deposition, regardless.  Why don't they?  $$$$  The reporter will charge them for O & 1 instead of copy cost.  So, it's ultimately the lawyer's choice to use a contracting reporter or not!  Like any other business, it's PRICING.